PART 2Transfer of the Independent Safeguarding Authority’s functions

CHAPTER 1Transfer of ISA’s functions

Transfer of ISA’s functions2

All of ISA’s functions except for the function of establishing the children’s barred list and the adults’ barred list under section 2 of the 2006 Act and Article 6 of the 2007 Order are transferred to DBS.

CHAPTER 2Consequential amendments to the principal enactments

Consequential amendments to the 2006 Act

3

In the following provisions of the 2006 Act for “ISA”, in each place where it occurs, substitute “DBS”—

a

sections 2 and 4;

b

sections 35 to 42;

c

section 43 (including section 43(1) and (2) as substituted by section 75(3) of the 2012 Act);

d

sections 45 to 47;

e

sections 50 and 50A8;

f

the following paragraphs of Schedule 3—

i

paragraphs 2 to 5;

ii

paragraph 5A9;

iii

paragraph 6 (including the reference to ISA inserted by section 74(2) of the 2012 Act);

iv

paragraphs 8 to 11;

v

paragraph 11A10;

vi

paragraph 12 (including the reference to ISA inserted by section 74(4) of the 2012 Act);

vii

paragraphs 13 to 21;

viii

paragraphs 22A11 and 23;

ix

paragraph 25;

g

the table in paragraph 1 of Schedule 7;

h

paragraphs 1 (including the heading), 2(2) and 3(2) of Schedule 8.

4

In section 2 omit “establish and”.

5

In section 60(1) after the definition of “the children’s barred list” insert—

  • “DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;

Consequential amendments to the 2007 Order

6

In the following provisions of the 2007 Order for “ISA”, in each place where it occurs, substitute “DBS”—

a

Articles 2, 6 and 8;

b

Articles 37 to 44;

c

Article 45 (including Article 45(1) and (2) as substituted by paragraph 12(2) of Schedule 7 to the 2012 Act);

d

Articles 47 to 49;

e

Articles 52 and 52A12;

f

the following paragraphs of Schedule 1—

i

paragraphs 2 to 5;

ii

paragraph 5A13;

iii

paragraph 6 (including the reference to ISA inserted by paragraph 11(2) of Schedule 7 to the 2012 Act);

iv

paragraphs 8 to 11;

v

paragraph 11A14;

vi

paragraph 12 (including the reference to ISA inserted by paragraph 11(4) of Schedule 7 to the 2012 Act);

vii

paragraphs 13 to 21;

viii

paragraphs 22A15 and 23;

ix

paragraph 25;

g

paragraphs 1 (including the heading), 2(2) and 3(2) of Schedule 6.

7

For Article 5 substitute—

Disclosure and Barring Service5

In this Order references to DBS are references to the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.

8

In Article 6 omit “establish and”.

Consequential amendments to the 2008 Northern Ireland Transitional Provisions Order

9

In the following provisions of the 2008 Northern Ireland Transitional Provisions Order for “IBB”16 substitute “DBS”—

a

article 3(2), (4) and (5);

b

article 4(2);

c

article 5(2), (4) and (5);

d

article 6(2).

10

In the following provisions of the 2008 Northern Ireland Transitional Provisions Order for “IBB” substitute “IBB, ISA or DBS, as the case may be”—

a

article 3(1)(c);

b

article 4(1)(c);

c

article 5(1)(c);

d

article 6(1)(c).

Consequential amendments to the 2008 Transitional Provisions Order

11

In the following provisions of the 2008 Transitional Provisions Order for “IBB” substitute “DBS”—

a

article 2(2), (4) and (5);

b

article 3(2);

c

article 4(2), (4) and (5).

12

In the following provisions of the 2008 Transitional Provisions Order for “IBB” substitute “IBB, ISA or DBS, as the case may be”—

a

article 2(1)(c);

b

article 3(1)(c);

c

article 4(1)(c).

CHAPTER 3Consequential amendments to other enactments

Consequential amendments to other enactments13

1

For the words in the left-hand column of the table, wherever they appear in the provisions of the Acts of Parliament mentioned in paragraph (2) or the subordinate legislation mentioned in paragraph (3), substitute the corresponding words in the right-hand column of the table.

Existing words

Substitution

“Independent Barring Board”

“Disclosure and Barring Service”

“IBB”

“DBS”

“Independent Safeguarding Authority”

“Disclosure and Barring Service”

“ISA”

“DBS”

“the Authority”

“the Service”

“the Board”

“the Service”

2

The provisions of the Acts of Parliament are—

a

sections 7(2) and 11(1) and (2A) of the Police Pensions Act 197617;

b

section 97(1) of the Police Act 199618;

c

section 119(1A) of the 1997 Act19;

d

paragraph 1(4) of Schedule 2 to the Teaching and Higher Education Act 199820;

e

in the Education Act 200221, section 167C (both as inserted by the Education and Inspections Act 200622 and as substituted by the Education and Skills Act 200823) and paragraph 2(4) of Schedule 11A24;

f

section 171(1)(b) of the Education and Inspections Act 2006;

g

sections 130(4) and (5) and 141(1)(b) of the Education and Skills Act 2008.

3

The subordinate legislation is—

a

rule 2A(h)(i) of the Schedule to the General Optical Council (Committee Constitution Rules) Order of Council 200525;

b

regulations 1, 2, 3 and 4 of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 200826;

c

regulations 3(1) and 4 of the Safeguarding Vulnerable Groups (Prescribed Criteria) (Transitional Provisions) Regulations (Northern Ireland) 200827;

d

regulations 3, 4 and 5 of the Safeguarding Vulnerable Groups (Barred List Prescribed Information) Regulations (Northern Ireland) 200828;

e

regulations 3 to 12 of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations (Northern Ireland) 200829;

f

regulations 2 to 11 of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 200830;

g

regulations 2(1) and 3 of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 200831;

h

article 5(h)(i) of the Nursing and Midwifery Council (Constitution) Order 200832;

i

article 5(h)(i) of the General Medical Council (Constitution) Order 200833;

j

regulation 2(h)(i) of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 200834;

k

article 5(h)(i) of the General Chiropractic Council (Constitution) Order 200835;

l

rule 8(h)(i) of the Schedule to the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 200836;

m

regulations 2, 3 and 13 of, and the headings before regulations 6 and 13 of, and paragraphs 5, 6 and 10 of the Schedule to, the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 200837;

n

paragraph 12(f) of the Schedule to the General Chiropractic Council (Constitution of the Statutory Committees) Rules Order of Council 200938;

o

regulations 2 and 13 of, and the heading before regulation 13 of, and paragraphs 5, 6 and 10 of the Schedule to, the Safeguarding Vulnerable Groups (Prescribed Information) Regulations (Northern Ireland) 200939;

p

article 5(h)(i) of the General Osteopathic Council (Constitution) Order 200940;

q

articles 4, 5, 6 and 7 of the Safeguarding Vulnerable Groups (Commencement No. 5, Transitional Provisions and Savings) Order (Northern Ireland) 200941;

r

article 5(h)(i) of the General Optical Council (Constitution) Order 200942;

s

paragraph 12(h)(i) of the Schedule to the General Osteopathic Council (Constitution of the Statutory Committee) Rules Order of Council 200943;

t

article 5(h)(i) of the Health Professions Council (Constitution) Order 200944;

u

paragraph 6(h)(i) of the Schedule to the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 200945;

v

article 5(h)(i) of the General Dental Council (Constitution) Order 200946;

w

rule 6(i)(i) of the Schedule to the General Dental Council (Constitution of Committees) Rules Order of Council 200947;

x

articles 3, 5, 6 and 7 of the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 200948;

y

article 3 of the Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 201049;

z

article 51(m) of the Pharmacy Order 201050;

aa

article 5(i)(i) of the General Pharmaceutical Council (Constitution) Order 201051;

bb

articles 2 and 5 of the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings (Amendment)) and (Commencement No. 7) Order 201052;

cc

rule 8(6) of the Schedule to the General Pharmaceutical Council (Appeals Committee Rules) Order of Council 201053;

dd

rule 24(6) of the Schedule to the General Pharmaceutical Council (Fitness to Practise and Disqualification etc Rules) Order of Council 201054;

ee

articles 6, 8, 9, 10, 12, 14 and 16 of the Protection of Freedoms Act 2012 (Commencement No. 3) Order 201255.

Consequential amendment to the Parliamentary Commissioner Act 196714

In Schedule 2 to the Parliamentary Commissioner Act 196756 omit “Independent Safeguarding Authority”.

Consequential amendment to the Superannuation Act 197215

In Schedule 1 to the Superannuation Act 197257 omit “Employment by the Independent Safeguarding Authority”.

Consequential amendment to the Data Protection Act 199816

In entry 4 in the table in section 56(6) of the Data Protection Act 1998 for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service”.

Consequential amendment to the Freedom of Information Act 200017

In Part 6 of Schedule 1 to the Freedom of Information Act 200058 omit “The Independent Safeguarding Authority”.

Consequential amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

18

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 197559 is amended as follows.

19

In article 3(a)(ii) for “40, 43 or 44” substitute “38, 40 or 43”.

20

1

Part II of Schedule 1 is amended as follows.

2

In paragraph 38—

a

for “Independent Barring Board” substitute “Disclosure and Barring Service”;

b

after “Service” insert “, and any other work in the Disclosure and Barring Service”.

3

Omit paragraph 44.

Consequential amendments to the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001

21

The General Teaching Council for Wales (Disciplinary Functions) Regulations 200160 are amended as follows.

22

In regulation 9(1)(c)61—

a

for “Independent Barring Board, established under section 1 of the Safeguarding Vulnerable Groups Act 2006” substitute “Disclosure and Barring Service, established by section 87(1) of the Protection of Freedoms Act 2012”;

b

for “that Act” substitute “the Safeguarding Vulnerable Groups Act 2006”.

23

In regulation 9(1)(c), in the Welsh language text of those Regulations (Rheoliadau Cyngor Addysgu Cyffredinol Cymru (Swyddogaethau Disgyblu) 2001),—

a

for “Bwrdd Gwahardd Annibynnol, a sefydlwyd o dan adran 1 o Ddeddf Diogelu Grwpiau Hyglwyf 2006” substitute “Gwasanaeth Datgelu a Gwahardd, a sefydlwyd o dan adran 87(1) o Ddeddf Diogelu Rhyddid 2012”;

b

for “o’r Ddeddf honno” substitute “o Ddeddf Diogelu Grwpiau Hyglwyf 2006”.

Consequential amendments to the Education (Supply of Information) (Wales) Regulations 2009

24

The Education (Supply of Information) (Wales) Regulations 200962 are amended as follows.

25

In regulation 1(3) for “Independent Barring Board” substitute “Disclosure and Barring Service”.

26

In regulation 1(3), in the Welsh language text of those Regulations (Rheoliadau Addysg (Cyflenwi Gwybodaeth) (Cymru) 2009), for “Bwrdd Gwahardd Annibynnol” substitute “Gwasanaeth Datgelu a Gwahardd”.

Consequential amendments to the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

27

The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 201063 is amended as follows.

28

In article 2 for the definition of “Independent Safeguarding Authority” substitute—

  • “Disclosure and Barring Service” and “DBS” mean the body established by section 87(1) of the Protection of Freedoms Act 2012;

29

In articles 18, 19 and 20, and the subject heading before articles 11 and 18, for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service” and for “ISA” substitute “DBS”.

Consequential amendments to the Family Procedure Rules 201030

1

The Family Procedure Rules 201064 are amended as follows.

2

In rule 2.3(1)65 in the definition of “professional acting in furtherance of the protection of children” in sub-paragraph (e)66—

a

for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service”; and

b

for “section 1 of the Safeguarding Vulnerable Groups Act 2006” substitute “section 87(1) of the Protection of Freedoms Act 2012”.

Consequential amendments to the Fostering Services (England) Regulations 2011

31

The Fostering Services (England) Regulations 201167 are amended as follows.

32

In regulation 2(1) for ““Independent Safeguarding Authority” has the meaning given in section 1 of the Safeguarding Vulnerable Groups Act 2006” substitute ““Disclosure and Barring Service” means the body established by section 87(1) of the Protection of Freedoms Act 2012”.

33

In Schedule 7 for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service”.

CHAPTER 4Supplemental provisions

Further references to ISA and DBS

34

Any reference (other than those dealt with by Chapters 2 and 3 of this Part) to the Independent Safeguarding Authority (including references to the Independent Barring Board, which are to be treated as references to the Independent Safeguarding Authority by virtue of section 81(5) of the Policing and Crime Act 2009) in any enactment passed or made before the commencement of this Order is to be read as a reference to the Disclosure and Barring Service.

35

Any reference to the Disclosure and Barring Service which arises by virtue of this Order is to be read—

a

in relation to times before the commencement of section 81 of the Policing and Crime Act 2009, as a reference to the Independent Barring Board, and

b

in relation to times after the commencement of that section but before the commencement of this Order, as a reference to the Independent Safeguarding Authority.